Birmingham city council member Lashunda Scales is subject of an ethics probe regarding her job as an event promoter. Ms. Scales counters that she has been unfairly targeted in an organized political attack.

Scales denies any wrongdoing and called the memo, its allegations and its anonymous release to The Birmingham News an organized political attack and an attempt to destroy her credibility.

The four-page memo from assistant city attorney Michael M. Fliegel, dated May 20, describes a dispute between Scales, who is an event promoter, and Tammy Kissel of Kissel's Entertainment, a Clanton-based carnival operator and family business, over Scales' fee for promoting recent carnivals.

Kissel, according to the report, told city revenue officials that she was intimidated by Scales to pay Scales' fee based on gross receipts without accounting for city sales taxes that must be paid. When she disputed the arrangement, Kissel, according to the report, was threatened by the councilwoman, including the use of an off-duty police officer twice to enforce the councilwoman's will.

The report stated that Kissel said "she felt intimidated by Ms. Scales and that Ms. Scales let everyone know that she was an 'elected official.' Ms. Scales allegedly told the Kissels, 'What do you think the police is going to do? I am a city official.'"

In another alleged incident, Kissel accuses Scales of using city pump trucks in November to remove water from a parking lot where a for-profit event was scheduled. Fliegel stated in his report that he was still investigating the allegations, which he said would be serious potential ethics violations, if true.

At least one issue in the memo has been resolved. It noted that Scales had not renewed her business license with the city and had not paid sales taxes on some events held in Birmingham. Fliegel in the memo declined to offer an opinion on whether the taxes were Scales' responsibility or someone else's.

Scales paid the license fee and taxes on May 20, the same date of the memo and 12 days after the disputed Birmingham carnival.

Kissel declined to comment on the allegations when contacted by The News and referred all questions to her attorney, James Ward.

Ward said his clients were contacted by city attorneys who requested more information about Kissel's allegations.

"She certainly, through her words and actions, created the impression that if you didn't play ball with her there would be adverse consequences as far as doing business with the city," Ward said. "The last thing they want is trouble from anybody."

Ward said his primary concern is ensuring his clients were not held liable for paying taxes for the portion they contend is Scales' responsibility.

Birmingham City Attorney Thomas Bentley declined to comment about specifics of the allegations, saying it would be inappropriate to do so.

"This is a malicious attempt by certain individuals, empowered by political machines, to silence my voice," Scales said of the memo and its distribution. "My loyalty is to the citizens of Birmingham, and I will continue to be a strong advocate on our citizens' behalf."

Scales has been a vocal opponent of several proposals from Bell, including the mayor's recent plan to use a private company to handle debris cleanup in Pratt City. Scales voted against hiring DRC Emergency Services for $6 million.

Scales also led the successful opposition to Bell's proposal to change plans for a recreation center in her eastern-area district. Bell wanted to shift the location of the planned Apple Valley Recreation Center to property owned by Jefferson State Community College, a less expensive option, and use the savings to fund other recreation projects.

Efforts to reach Bell for comment were unsuccessful, and his chief of staff, Chuck Faush, said the administration will not comment on the matter.

"The legal department has advised us not to comment on legal matters," he said.

Scales hosted carnivals before she was elected and has hired off-duty police officers. However, Scales said she never used the officers to settle her personal disputes.

"In the three years I have been doing carnivals, I never have and never will use my elected office for personal benefit. I have been in business for more than a decade. My integrity has never been in question, even during a heated election," she said. "The question is, however, to whose benefit is it for me to be attacked now?"

Run-ins

Stan Pate, a Tuscaloosa businessman and developer, said he has had run-ins with the councilwoman in 2010 and 2011 that were similar to the one described.

"She was, even by my standards, rather blunt and demanding and, quite frankly, came close to getting herself tossed out on her head," said the admittedly outspoken and controversial businessman.

Pate said he met Scales when she represented Kissel and wanted to set up a carnival on his property, a proposal he eventually agreed to in a separate arrangement with the Kissels.

"But she threw around that she was Birmingham city councilwoman and it was obvious to me that she thought that was going to influence or cause me to act or react in a way she wanted me to," he said.

Pate said his final encounter with Scales was at this year's carnival at property he owns in Tuscaloosa. The two got into an argument, Pate said.

"She let me know again that she was a Birmingham city councilwoman and if I crossed her I'd regret it in Birmingham. She kept running that mouth," he said.

Pate, who says he has befriended the Kissels, said he recommended the family hire Ward, who also represents him. Pate said the issue is about Scales being a political bully.

"I walked in the middle of somebody else's fight," he said. "It was my opinion that no elected official should be using the threat of their influence for personal gain or to intimidate them into having some type of relationship with her for her benefit. Shakedown and intimidation describes what I heard and saw."

Scales called Pate's version false, saying she didn't mention her official capacity and it was the Kissels who brought it up. As evidence, Scales showed an email dated April 11 in which she admonished her then business associates against using her title in her personal dealings.

Scales' email asks the Kissels to refrain "from using/discussing publicly or privately my position as a Birmingham City Councilor; which can potentially be viewed as harmful exposure that is unwarranted and unwanted. Therefore, we respectfully ask that Scales PR Firm (be) used as their future point of reference -- since that is who Kissel Entertainment is doing business with."